Latest news with #Apaches'
Yahoo
27-05-2025
- General
- Yahoo
Supreme Court refuses Apache plea to save Oak Flat from copper mining destruction
Dr. Wendsler Nosie Sr. of Apache Stronghold talks to a crowd of people outside the Sandra Day O'Connor Courthouse on May 7, 2025, as Apache Stronghold urged the federal court to save Oak Flat. Photo Courtesy of Becket The U.S. Supreme Court denied a review of Apache Stronghold's case aimed at blocking the U.S. government's transfer of Oak Flat to a copper mining company, whose mine will transform the sacred site into a massive crater. The decision comes after Apache Stronghold initially asked the U.S. District Court in Phoenix on May 7 to temporarily block the Trump administration from pushing ahead with the land swap that would hand over Oak Flat to Resolution Copper. The Trump administration plans to reissue a final environmental impact statement regarding Oak Flat and transfer the land to Resolution Copper as early as June 16, according to court documents. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX An Arizona federal judge granted a temporary injunction on May 9, delaying the land transfer as the case awaited review by the Supreme Court. Apache Stronghold v. United States has been awaiting a hearing in the Supreme Court since the 9th Circuit Court of Appeals ruled in 2024 that the land transfer is not subject to federal laws protecting religious freedom. The Supreme Court's decision on May 27 removes any obstacles to halting the land transfer from occurring. 'Apache Stronghold asks us to review the Ninth Circuit's extraordinary conclusion,' the dissent states. 'But the Court today turns aside the group's request.' Justice Neil Gorsuch, joined by Justice Clarence Thomas, wrote in the dissenting opinion that the court's decision is a 'grave mistake' because the case meets all of the standards the court typically applies when evaluating petitions for review. 'Before allowing the government to destroy the Apaches' sacred site, this Court should at least have troubled itself to hear their case,' Gorsuch wrote. He added that, while the court 'enjoys the power to choose' which cases they will hear, the decision to shuffle this case off their docket is a mistake and 'one with consequences that threaten to reverberate for generations.' Gorsuch said that he has no doubt the court would find the case worth its time. 'Faced with the government's plan to destroy an ancient site of tribal worship, we owe the Apaches no less,' he wrote. 'They may live far from Washington, D. C., and their history and religious practices may be unfamiliar to many. But that should make no difference.' Becket, a nonprofit institution that advocates for freedom of religion that is representing Apache Stronghold, said that the Supreme Court's action means Oak Flat will be destroyed by a Chinese-owned mining giant. But, the group said, they will continue to fight in court to stop the government from transferring Oak Flat to Resolution Copper. 'We will never stop fighting—nothing will deter us from protecting Oak Flat from destruction,' Dr. Wendsler Nosie Sr. of Apache Stronghold said in a press release. 'While this decision is a heavy blow, our struggle is far from over,' he added. 'We urge Congress to take decisive action to stop this injustice while we press forward in the courts.' Resolution Copper General Manager Vickey Peacey said they are pleased at the ruling because the Resolution Copper mine is 'vital to securing America's energy future, infrastructure needs, and national defense with a domestic supply of copper and other critical minerals.' 'We are encouraged by the significant community support for the project,' she said, because the mine has the potential to become 'one of the largest copper mines in America.' Peacey said Resolution Copper has had more than a decade of 'extensive consultation and collaboration' with Native American tribes and local communities, which has resulted in changes to their mining plan with the hope of preserving and reducing potential impacts. The courtroom battle for Oak Flat, or Chi'chil Biłdagoteel as the Apache people know it, has been ongoing since 2021, with the grassroots group Apache Stronghold leading the effort. Since time immemorial, Western Apaches and other Indigenous peoples in the Southwest have gathered at Oak Flat, near Superior, for sacred religious ceremonies that cannot occur anywhere else. Oak Flat is listed in the National Register of Historic Places as a Western Apache Traditional Cultural Property and National Historic District. Oak Flat has been protected from mining and other harmful practices for decades, according to Becket. However, those protections faced challenges in December 2014 when a last-minute provision was inserted into a must-pass defense bill, authorizing the transfer of Oak Flat to Resolution Copper. Resolution Copper plans to turn the sacred site into a two-mile-wide and 1,100-foot-deep crater. 'It is hard to imagine a more brazen attack on faith than blasting the birthplace of Apache religion into a gaping crater,' Luke Goodrich, vice president and senior counsel at Becket, said in a written statement. 'The Court's refusal to halt the destruction is a tragic departure from its strong record of defending religious freedom,' Goodrich said. 'We will do everything in our power to ensure that the Apaches can continue worshiping at Oak Flat as they have for generations.' SUPPORT: YOU MAKE OUR WORK POSSIBLE
Boston Globe
27-05-2025
- Business
- Boston Globe
The Supreme Court rejects a plea to block a copper mine on land in Arizona that's sacred to Apaches
Justice Neil Gorsuch wrote in dissent that it was a 'grievous mistake' not to take up the appeal. 'Recognizing Oak Flat's significance, the government has long protected both the land and the Apaches' access to it,' Gorsuch wrote, joined by Justice Clarence Thomas. 'No more. Now, the government and a mining conglomerate want to turn Oak Flat into a massive hole in the ground.' Advertisement A group known as Apache Stronghold, representing the interests of certain members of the San Carlos Apache Tribe, has argued that the land transfer will result in the destruction of the site in violation of its members' religious rights. Get Starting Point A guide through the most important stories of the morning, delivered Monday through Friday. Enter Email Sign Up Apache tribes in Arizona consider Oak Flat, which is dotted with ancient oak groves and traditional plants, essential to their spiritual well-being. 'We will never stop fighting — nothing will deter us from protecting Oak Flat from destruction,' said Wendsler Nosie Sr. of Apache Stronghold. He called the high court's decision a 'heavy blow' but urged action in Congress while vowing to continue the court fight. An estimated 40 billion pounds of copper could be mined over the lifetime of the mine, according to the U.S. Forest Service. Advertisement The project has significant support in nearby Superior and other traditional mining towns in the area. The company estimates the mine will generate $1 billion a year for Arizona's economy and create thousands of local jobs. Victoria Peacey, general manager of Resolution Copper, said the project could become one of the largest copper mines in the country. She said the company has made 'major changes' to the mining plan to reduce the impact on tribes. Resolution Copper is a subsidiary of international mining giants Rio Tinto and BHP. Justice Samuel Alito did not take part in the case, presumably because he owns between $15,000 and $50,000 worth of BHP stock, according to his most recent financial disclosure. Congress approved a land swap in 2014 that would give Resolution Copper 3.75 square miles (9.71 square kilometers) of forest land in return for eight parcels it owns in Arizona. In the waning days of the first Trump administration, the U.S. Agriculture Department issued the required environmental review that would allow the land swap to proceed. Apache Stronghold sued in federal court to block it. With the change in administrations to President Joe Biden, the Agriculture Department, which includes the Forest Service, pulled back the review to further consult with Native American tribes. But the suit proceeded and a year ago, the federal appeals court in San Francisco split 6-5 to allow the land transfer to go forward, rejecting Apache Stronghold's arguments about religious freedom and its invocation of a 1852 treaty between the U.S. government and the Apaches. The five dissenting judges described the outcome as a tragic error that would result in 'the utter destruction' of the sacred site. Advertisement The Forest Service already has provided the 60 days notice that it intends to re-issue the environmental review, as required by a court order. A judge had agreed in May to pause the transfer, but only until the Supreme Court weighed in. Associated Press writer Lindsay Whitehurst contributed.
Yahoo
27-05-2025
- Business
- Yahoo
Supreme Court refuses to hear Oak Flat case, clearing a roadblock for huge copper mine
The U.S. Supreme Court has turned down a request by grassroots group Apache Stronghold to hear a longstanding lawsuit over the fate of a huge copper mine at Oak Flat, east of Phoenix. The decision, handed down May 27, removes a major roadblock for Resolution Copper to move forward with the project, which would leave a gaping crater on land held sacred by Indigenous peoples. The high court has held hearings since December to debate if it would take the case, brought by opponents of the mine after losing a series of lower-court rulings. Justice Neil Gorsuch disagreed with the decision, with Justice Clarence Thomas in agreement. "Before allowing the government to destroy the Apaches' sacred site, this Court should at least have troubled itself to hear their case," Gorsuch said. "The Court's decision to shuffle this case off our docket without a full airing is a grievous mistake — one with consequences that will reverberate for generations." Wendsler Nosie, head of Apache Stronghold, said the group would "never stop fighting" to save Oak Flat from obliteration. "While this decision is a heavy blow, this struggle is far from over." Nosie called on Congress to reverse the 2014 vote to approve the land exchange. Victoria Peacey, Resolution's general manager, said she was pleased with the decision. 'The Resolution Copper mine is vital to securing America's energy future, infrastructure needs, and national defense with a domestic supply of copper and other critical minerals," Peacey said. Oak Flat, or Chi'chil Biłdagoteel, "the place where the Emory oak grows," is at the heart of a struggle now entering its third decade. In December 2014, Congress authorized the U.S. Forest Service to trade the 2,200-acre site, currently a campground about 60 miles east of Phoenix, for parcels of environmentally sensitive private land owned by Resolution Copper, a subsidiary of British-Australian mining companies Rio Tinto and BHP. To obtain the copper ore, Resolution will use a method known as block cave mining, in which tunnels are drilled beneath the ore body, and then collapsed, leaving the ore to be moved to a crushing facility. Eventually, the ground will subside, leaving behind a crater about 1,000 feet deep and nearly 2 miles across where Oak Flat and its religious and environmental significance stands. The U.S. Forest Service published the final environmental impact statement and draft decision for the copper mine and land swap five days before the end of the Trump administration in January 2021. That set off a 60-day clock during which the land deal could have been finalized. Apache Stronghold filed its lawsuit in January 2021 in federal court to stop the land swap, citing religious rights guarantees under the First Amendment and the Religious Freedom Restoration Act. Becket Law, a religious freedom nonprofit law firm, accepted the case and, along with a group of private attorneys and law professors, has represented Apache Stronghold, which includes Apache and other Native peoples and their allies. The Biden administration rescinded the environmental impact statement in March 2021 for further consultation with tribes. That consultation is ongoing. Resolution was granted permission to join the lawsuit in 2023. In 2024, the 9th U.S. Circuit Court of Appeals ruled against Apache Stronghold in a narrow 6-5 decision. That fall, the group appealed to the Supreme Court. In April, the Forest Service issued a 60-day notice that it would publish a new environmental impact statement June 16, which would reopen the 60-day process. Apache Stronghold asked the U.S. Federal Court in Phoenix to put a stop to the proceedings while the Supreme Court decided if it would take the case. That halt was issued May 9. Judge Steven P. Logan said that the stoppage would be in effect until one day after the high court turned Apache Stronghold down, whether to take the case or decide against the group. Peacey, the Resolution executive, said the project has "significant" community support and that it could become one of the largest copper mines in America, adding $1 billion a year to Arizona's economy, and creating thousands of local jobs in Arizona's Copper Triangle. "More than a decade of extensive consultation and collaboration with Native American Tribes and local communities has directly led to major changes to the mining plan to preserve and reduce potential impacts on Tribal, social, and cultural interests, and this ongoing dialogue will continue to shape the project." The San Carlos Apache Tribe, which filed its own lawsuit in 2021 to halt the land exchange on environmental concerns, also recently asked the federal court to stop the Forest Service's move to issue a new document until its litigation is complete. This is a developing story and will be updated throughout the day. Debra Krol reports on Indigenous communities at the confluence of climate, culture and commerce in Arizona and the Intermountain West. Reach Krol at Follow her on X @debkrol. This article originally appeared on Arizona Republic: Supreme Court refuses Apache Stronghold Oak Flat copper mine case
E&E News
27-05-2025
- Business
- E&E News
Supreme Court rejects bid to stop Arizona copper mine
The Supreme Court on Tuesday rejected a request from some members of the San Carlos Apache Tribe to block a massive proposed copper mine that they say will destroy a holy site in Arizona known as Oak Flat. A majority of the court denied the petition, but in a dissent joined by Justice Clarence Thomas, Justice Neil Gorsuch said he would have granted the petition. Justice Samuel Alito recused himself from considering the case. Gorsuch in his dissent called the decision a 'grave mistake' and said the case 'meets every one of the standards we usually apply when assessing petitions for certiorari: The decision below is highly doubtful as a matter of law, it takes a view of the law at odds with those expressed by other federal courts of appeals, and it is vitally important. Before allowing the government to destroy the Apaches' sacred site, this Court should at least have troubled itself to hear their case.' Advertisement Apache Stronghold had called on the Supreme Court to block the project, arguing it would violate the Religious Freedom Restoration Act, which protects their right to worship at the sacred site. The group, alongside the Becket Fund for Religious Liberty, had warned the Resolution Copper mine would transform holy land into a 2-mile-wide and 1,100-foot-deep crater. The site — known as Oak Flat, or Chi'chil Biłdagoteel in Apache — consists of a vast grove of Emory oaks sacred to the tribe, where some go to pray, hold ceremonies and collect acorns for cooking. It's now part of the Tonto National Forest about 60 miles east of Phoenix, where the Forest Service currently has a campground. Resolution Copper, a joint venture between Rio Tinto and BHP, has countered that the campground would remain open and accessible for decades, and argued that the case is about the government's right to use national land to pursue national interests — a settled authority that the Supreme Court and other benches have consistently reaffirmed. The Trump administration has said it intends to complete an environmental impact statement for the mine. Once it's released, the land exchange that accelerates Resolution Copper must happen within 60 days. The land swap would allow the federal government to transfer thousands of acres of public land in Arizona, including the Oak Flat site, to the mining company, advancing construction of the copper mine. The deal was originally included in the 2014 National Defense Authorization Act and championed by the late Republican Sen. John McCain of Arizona. Attorneys for Apache Stronghold brought their challenge to the Supreme Court after the 9th U.S. Circuit Court of Appeals declined to reconsider the case last year. The appeals court in a 6-5 ruling affirmed a lower court's denial of Apache Stronghold's request for a preliminary injunction against the government's transfer of the land to Resolution Copper.
Yahoo
27-05-2025
- Business
- Yahoo
The Supreme Court rejects a plea to block a copper mine on land in Arizona that's sacred to Apaches
WASHINGTON (AP) — The Supreme Court on Tuesday rejected an appeal from Apaches who are fighting to halt a massive copper mining project on federal land in Arizona that they hold sacred. The justices left in place lower court decisions allowing the transfer of the Tonto National Forest land, known as Oak Flat, to Resolution Copper, which plans to mine what it says is the second-largest known copper deposit in the world. The Trump administration has said it will push to complete the transfer. Justice Neil Gorsuch wrote in dissent that it was a 'grievous mistake' not to take up the appeal. 'Recognizing Oak Flat's significance, the government has long protected both the land and the Apaches' access to it,' Gorsuch wrote, joined by Justice Clarence Thomas. 'No more. Now, the government and a mining conglomerate want to turn Oak Flat into a massive hole in the ground.' A group known as Apache Stronghold, representing the interests of certain members of the San Carlos Apache Tribe, has argued that the land transfer will result in the destruction of the site in violation of its members' religious rights. Apache tribes in Arizona consider Oak Flat, which is dotted with ancient oak groves and traditional plants, essential to their spiritual well-being. An estimated 40 billion pounds of copper could be mined over the lifetime of the mine, according to the U.S. Forest Service. The project has significant support in nearby Superior and other traditional mining towns in the area. The company estimates the mine will generate $1 billion a year for Arizona's economy and create thousands of local jobs. Resolution Copper is a subsidiary of international mining giants Rio Tinto and BHP. Justice Samuel Alito did not take part in the case, presumably because he owns between $15,000 and $50,000 worth of BHP stock, according to his most recent financial disclosure. Congress approved a land swap in 2014 that would give Resolution Copper 3.75 square miles (9.71 square kilometers) of forest land in return for eight parcels it owns in Arizona. In the waning days of the first Trump administration, the U.S. Agriculture Department issued the required environmental review that would allow the land swap to proceed. Apache Stronghold sued in federal court to block it. With the change in administrations to President Joe Biden, the Agriculture Department, which includes the Forest Service, pulled back the review to further consult with Native American tribes. But the suit proceeded and a year ago, the federal appeals court in San Francisco split 6-5 to allow the land transfer to go forward, rejecting Apache Stronghold's arguments about religious freedom and its invocation of a 1852 treaty between the U.S. government and the Apaches. The five dissenting judges described the outcome as a tragic error that would result in 'the utter destruction' of the sacred site. The Forest Service already has provided the 60 days notice that it intends to re-issue the environmental review, as required by a court order.
